Probable Cause vs. Reasonable Suspicion

A news story in this morning’s newspaper started me thinking about an important issue for police writers: The difference between “reasonable suspicion” and “probable cause.” Officer Aaron Smith of Montgomery, Alabama is charged with murder in the February 25 death of Greg Gunn, a 58-year-old male who lived in a high-crime neighborhood.

This case underlines the difference between “reasonable suspicion” and “probable cause.” Smith’s attorney, Mickey McDermott, said Gunn’s presence in the neighborhood at 3 AM was reason enough for Officer Smith to stop and question him.

“He’s a suspect of being in a high-crime area,” the attorney said. “He’s in a high-crime area, at three o’clock in the morning, dressed in all black. Can you not draw those conclusions?”

But is “reasonable suspicion” sufficient justification for the use of deadly force? State Bureau of Investigation Agent Jason DiNunzio doesn’t think so.

This case points to the necessity for understanding the difference between “reasonable suspicion” (which allows questioning and a limited search) and “probable cause” (which permits a more thorough search and possible detention). Officers need to be thoroughly familiar with the definitions, laws, and policies for their jurisdiction.

I often hear from academy instructors and agency officials who worry about the poorly written reports that come across their desks. What is to be done with a cadet or officer who writes a sentence like this one? Four CDs were recovered from the defendant, which he had conceal those items by stuffing them inside […]